Common use of Interruption of Utility Service Clause in Contracts

Interruption of Utility Service. Landlord will use Landlord’s best efforts to provide the services required of Landlord under this Lease. However, Landlord reserves the right, without any liability to Tenant and without affecting Tenant’s covenants and obligations under this Lease, to stop or interrupt or reduce any of the services listed in Section 5.1 or to stop or interrupt or reduce any other services required of Landlord under this Lease, whenever and for so long as may be necessary, by reason of (i) accidents or emergencies, (ii) with twenty four hours prior written notice to Tenant the making of repairs or changes which Landlord in good xxxxx xxxxx necessary or is required or is permitted by this Lease or by law to make, (iii) difficulty in securing proper supplies of fuel, water, electricity, labor or supplies, (iv) the compliance by Landlord with governmental or utility company energy conservation measures, or (v) the exercise by Landlord of any right under Section 6.6. Landlord will, in the event of an interruption of a utility service, use Xxxxxxxx’s best efforts to cause such service to be resumed. However, no interruption or stoppage of any of such services will ever be construed as an eviction of Tenant nor will such interruption or stoppage cause any abatement of the rent and additional rent payable under this Lease (except as expressly set forth in the following sentence) or in any manner relieve Tenant from any of Tenant’s obligations under this Lease. Notwithstanding the foregoing, in the event that any such service is interrupted and such service(s) is not restored within a forty-eight (48) hour period, Tenant shall be entitled to an abatement of Base Annual Rent for each day or portion of a day thereafter during which such service(s) is not reinstated. Notwithstanding anything to the contrary in Article 5 of this Lease, in the event there is an interruption in services which is not due in part to the negligence of the Tenant and as a direct result of such interruption Tenant is unable to occupy the Premises for the purposes set forth in Section 6.1 of this Lease, and in fact Tenant does not occupy the Premises for such purposes, the Base Rent and any Additional Rent payable to Landlord shall be abated from the third day after such interruption until such time as such services are reinstated or Tenant again occupies the Premises. In the event said interruption of services extends for a period of sixty (60) days and, as a result thereof, Tenant cannot occupy the Premises for a period of sixty (60) days, Tenant shall have the right to terminate this Lease without further liability to Landlord

Appears in 2 contracts

Samples: Lease Agreement, Office Building Lease (HII Technologies, Inc.)

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Interruption of Utility Service. Landlord will use Landlord’s 's best ------------------------------- efforts to provide the services required of Landlord under this Lease. However, Landlord reserves the right, without any liability to Tenant and without affecting Tenant’s 's covenants and obligations under this Lease, to stop or interrupt or reduce any of the services listed in Section 5.1 or to stop or ----------- interrupt or reduce any other services required of Landlord under this Lease, whenever and for so long as may be necessarynecessary (provided that Landlord shall use its best efforts to minimize any disruption of or interference with Tenant's use and occupancy of the Premises, with the additional expense thereof to be included in Operating Costs) by reason of (i) accidents or emergencies, (ii) with twenty four hours prior written notice to Tenant the making of repairs or changes which Landlord in good xxxxx xxxxx necessary or is required or is permitted by this Lease or by law to make, (iii) difficulty in securing proper supplies of fuel, water, electricity, labor or supplies, (iv) the compliance by Landlord with governmental, quasi-governmental or utility company energy conservation measures, or (v) the exercise by Landlord of any right under Section 6.66.5. Landlord will, in the event of an interruption of a ----------- utility service, use Xxxxxxxx’s Landlord's best efforts to cause such service to be resumed. However, no interruption or stoppage of any of such services will ever be construed as an eviction of Tenant nor will such interruption or stoppage cause any abatement of the rent and additional rent payable under this Lease (except as expressly set forth in the following sentence) or in any manner relieve Tenant from any of Tenant’s 's obligations under this Lease. Notwithstanding the foregoingpreceding sentence, in however, if any interruption of electrical or water service to the event that any such service is interrupted Premises results from the negligence of Landlord and such service(scontinues for five (5) is not restored within a forty-eight (48) hour periodconsecutive days, Tenant shall be entitled to an abatement of Base Annual Rent for each beginning upon the sixth (6th) day or portion of a day thereafter during which such service(s) is not reinstated. Notwithstanding anything to the contrary in Article 5 of this Lease, in the event there is an interruption in services which is not due in part to the negligence of the Tenant and as a direct result of such interruption Tenant is unable to occupy the Premises for the purposes set forth in Section 6.1 of this Lease, and in fact Tenant does not occupy the Premises for such purposes, the Base Rent and any Additional Rent payable to Landlord shall be abated from the third day after such interruption until ending at such time as such services are reinstated electrical or Tenant again occupies water service, as the case may be, is restored to the Premises. In the event said interruption of services extends for a period of sixty (60) days and, as a result thereof, Tenant cannot occupy the Premises for a period of sixty (60) days, Tenant shall have the right to terminate this Lease without further liability to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Interruption of Utility Service. Landlord will use Landlord’s 's best ------------------------------- efforts to provide the services required of Landlord under this Lease. However, Landlord reserves the right, without any liability to Tenant and without affecting Tenant’s 's covenants and obligations under this Lease, to stop or interrupt or reduce any of the services listed in Section 5.1 or to stop or ----------- interrupt or reduce any other services required of Landlord under this Lease, whenever and for so long as may be necessarynecessary (provided that Landlord shall use its best efforts to minimize any disruption of or interference with Tenant's use and occupancy of the Premises, with the additional expense thereof to be included in Operating Costs) by reason of (i) accidents or emergencies, (ii) with twenty four hours prior written notice to Tenant the making of repairs or changes which Landlord in good xxxxx xxxxx necessary or is required or is permitted by this Lease or is required by law to make, (iii) difficulty in securing inability to secure proper supplies of fuel, water, electricity, labor or supplies, (iv) the compliance by Landlord with governmental, quasi-governmental or utility company energy conservation measures, or (v) the exercise by Landlord of any right under Section 6.66.5. Landlord will, in the event of an interruption ----------- of a utility service, use Xxxxxxxx’s Landlord's best efforts to cause such service to be resumed. However, no interruption or stoppage of any of such services will ever be construed as an eviction of Tenant nor will such interruption or stoppage cause any abatement of the rent and additional rent payable under this Lease (except as expressly set forth in the following sentence) or in any manner relieve Tenant from any of Tenant’s 's obligations under this Lease. Notwithstanding the foregoing; provided, in the event that any such service is interrupted and such service(s) is not restored within a forty-eight (48) hour periodthat, subject to Section 12.7 of Part Two of this Lease, Tenant shall be ------------ entitled to an appropriate abatement of Base Annual Rent for each day or portion of a day thereafter during which such service(s) is not reinstated. Notwithstanding anything to the contrary in Article 5 of this Lease, in the event and additional rent if there is an interruption in services which is not due in part to the negligence or stoppage of the Tenant and as a direct result any of such interruption Tenant is unable to occupy the Premises for the purposes set forth in Section 6.1 of this Lease, and in fact Tenant does not occupy the Premises for such purposes, the Base Rent and any Additional Rent payable to Landlord shall be abated from the third day after such interruption until such time as such services are reinstated or Tenant again occupies the Premises. In the event said interruption of services extends for a period of sixty five (605) days and, as a result thereof, Tenant canor more and Landlord is not occupy the Premises for a period of sixty (60) days, Tenant shall have the right using its best efforts to terminate this Lease without further liability to Landlordrestore such services.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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Interruption of Utility Service. Landlord will use Landlord’s 's best ------------------------------- efforts to provide the services required of Landlord under this Lease. However, Landlord reserves the right, without any liability to Tenant and without affecting Tenant’s 's covenants and obligations under this Lease, to stop or interrupt or reduce any of the services listed in Section 5.1 or to stop or ----------- interrupt or reduce any other services required of Landlord under this Lease, whenever and for so long as may be necessarynecessary (provided that Landlord shall use its best efforts to minimize any disruption of or interference with Tenant's use and occupancy of the Premises, with the additional expense thereof to be included in Operating Costs) by reason of (i) accidents or emergencies, (ii) with twenty four hours prior written notice to Tenant the making of repairs or changes which Landlord in good xxxxx xxxxx necessary or is required or is permitted by this Lease or by law to make, (iii) difficulty in securing proper supplies of fuel, water, electricity, labor or supplies, (iv) the compliance by Landlord with governmental, quasi-governmental or utility company energy conservation measures, or (v) the exercise by Landlord of any right under Section 6.66.5. Landlord will, in the event ----------- of an interruption of a utility service, use Xxxxxxxx’s Landlord's best efforts to cause such service to be resumed. However, no interruption or stoppage of any of such services will ever be construed as an eviction of Tenant nor will such interruption or stoppage cause any abatement of the rent and additional rent payable under this Lease (except as expressly set forth in the following sentence) or in any manner relieve Tenant from any of Tenant’s 's obligations under this Lease. Notwithstanding the foregoingpreceding sentence, in however, if any interruption of electrical or water service to the event that any such service is interrupted Premises results from the negligence of Landlord and such service(scontinues for five (5) is not restored within a forty-eight (48) hour periodconsecutive days, Tenant shall be entitled to an abatement of Base Annual Rent for each beginning upon the sixth (6th) day or portion of a day thereafter during which such service(s) is not reinstated. Notwithstanding anything to the contrary in Article 5 of this Lease, in the event there is an interruption in services which is not due in part to the negligence of the Tenant and as a direct result of such interruption Tenant is unable to occupy the Premises for the purposes set forth in Section 6.1 of this Lease, and in fact Tenant does not occupy the Premises for such purposes, the Base Rent and any Additional Rent payable to Landlord shall be abated from the third day after such interruption until ending at such time as such services are reinstated electrical or Tenant again occupies water service, as the case may be, is restored to the Premises. In the event said interruption of services extends for a period of sixty (60) days and, as a result thereof, Tenant cannot occupy the Premises for a period of sixty (60) days, Tenant shall have the right to terminate this Lease without further liability to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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